FERMINO v. FEDCO, INC.

Docket No. S033096.

7 Cal.4th 701 (1994)

872 P.2d 559

30 Cal. Rptr.2d 18

JULIE LORETTA GLASS FERMINO, Plaintiff and Appellant, v. FEDCO, INC. et al., Defendants and Respondents.

Supreme Court of California.

May 12, 1994.


Attorney(s) appearing for the Case

COUNSEL

Robert M. Ball for Plaintiff and Appellant.

Joseph Posner, John Howard, Quackenbush & Quackenbush and William C. Quackenbush as Amici Curiae on behalf of Plaintiff and Appellant.

McClintock, Weston, Benshoof, Rochefort, Rubalcava & MacCuish, Steven W. Weston, Andrew M. Gilford and Eugene A. Burrus for Defendants and Respondents.

O'Melveny & Myers, Stephen P. Pepe and Janet I. Swerdlow as Amici Curiae on behalf of Defendants and Respondents.


OPINION

MOSK, J.

In this case we consider whether an employee subject to false imprisonment at the hands of her employer may sue that employer in a civil action, or whether such a suit is barred by the exclusivity provisions of the Workers' Compensation Act (Lab. Code, §§ 3600, 3602). We conclude that her suit would not be barred, because an employer that falsely imprisons its employee has stepped outside its proper role...

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